JY (India) v Immigration and Protection Tribunal

[2021] NZHC 1525

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2021-404-00006

[2021] NZHC 1525

UNDER THE

Judicature Amendment Act 1972 and the Immigration Act 2009

IN THE MATTER OF

A Judicial Review of a decision of the Immigration and Protection Tribunal

BETWEEN

JY (INDIA)

Plaintiff

AND

THE IMMIGRATION AND PROTECTION

TRIBUNAL, a Tribunal sitting in Auckland First Defendant

THE MINISTER OF IMMIGRATION of

Wellington Second Defendant

CONTINUED OVERLEAF

Hearing:	On the papers at Auckland
Judgment:	24 June 2021

JUDGMENT OF POWELL J

[Costs]

This judgment was delivered by me on 24 June 2021 at 3.30 pm pursuant to R 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

JY (INDIA) v THE IMMIGRATION AND PROTECTION TRIBUNAL [2021] NZHC 1525 [24 June 2021]

CIV-2021-404-00014

UNDER  Section 245 of the Immigration Act 2009

IN THE MATTER     of an Application for leave to appeal proceedings

relating to a decision of the Immigration and Protection Tribunal

BETWEEN                “JY (INDIA)”

Applicant

AND  THE MINISTER OF IMMIGRATION

First Respondent

ANDTHE IMMIGRATION AND PROTECTION TRIBUNAL

Second Respondent

[1]    On 3 May 2021 the applicant sought to withdraw these two applications, an application for leave to appeal a decision of the Immigration and Protection Tribunal, and an application for leave to commence judicial review proceedings. The notice of withdrawal followed the failure of the applicant to comply with timetable directions previously made by the Court and occurred the day before the hearing was scheduled to proceed. By minute dated 4 May 2021, Venning J noted the proceedings had been withdrawn. The respondent now seeks costs although it confirms it will not seek to enforce any costs awarded unless the applicant’s fresh application is also found to be unmeritorious, and the applicant has not taken any steps to oppose the application.

Costs sought

The respondent simply seeks costs on a 2B basis in respect of the two applications, together with disbursements incurred.

Discussion

[2]    As noted, no issue has been taken by the applicant with the quantum of costs sought and I can see no basis upon which the order should not be made.

[3]    The respondent is entitled to costs against the applicant in CIV-2021-404-0014 and CIV-2021-404-0006 in the sum of $11,233.00 plus disbursements of $215.24 a total of $11,448.24.

Powell J